BILL NUMBER: SB 367	CHAPTERED  09/27/99

	CHAPTER   514
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 27, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JULY 8, 1999
	AMENDED IN SENATE   APRIL 20, 1999
	AMENDED IN SENATE   APRIL 8, 1999
	AMENDED IN SENATE   APRIL 5, 1999

INTRODUCED BY   Senator Dunn

                        FEBRUARY 11, 1999

   An act to add Section 1010.6 to the Code of Civil Procedure, and
to amend Section 6159 of the Government Code, relating to civil
procedure.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 367, Dunn.  Court filings:  electronic transmission.
   Existing law authorizes the Judicial Council to adopt rules
permitting the filing of papers by facsimile transmission.
   This bill would authorize a trial court to adopt local rules of
court permitting electronic filing and service of documents, as
specified.  The bill would further require the Judicial Council, by
January 1, 2003, to adopt uniform rules of court for these purposes,
as specified, which conform to the same conditions.
   Existing law authorized a court to accept credit card payments
upon approval of the board of supervisors.
   This bill would make that authorization subject, instead, to the
approval of the Judicial Council, would make the approval of credit
card fees imposed by courts subject to Judicial Council approval.
The bill would also authorize the Judicial Council to enter into
specified agreements with credit card companies.
   The bill would also make a statement of legislative intent.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1010.6 is added to the Code of Civil Procedure,
to read:
   1010.6.  (a) A trial court may adopt local rules permitting
electronic filing and service of documents, subject to rules adopted
pursuant to subdivision (b) and the following conditions:
   (1)  A document that is filed electronically shall have the same
legal effect as an original paper document.
   (2) (A) When a document to be filed requires the signature, not
under penalty of perjury, of an attorney or a person filing in propia
persona, the document shall be deemed to have been signed by that
attorney or person if filed electronically.
   (B) When a document to be filed requires the signature, under
penalty of perjury, of any person, the document shall be deemed to
have been signed by that person if filed electronically and if, prior
to filing, a printed form of the document has been signed by that
person.  The attorney or person filing the document represents, by
the act of filing, that the declarant has signed the document.  The
attorney or person filing the document shall maintain the printed
form of the document bearing the original signature and make it
available for review and copying upon the request of the court or any
party to the action or proceeding in which it is filed.
   (3) Any document that is electronically filed with the court after
the close of business on any day shall be deemed to have been filed
on the next court day.  "Close of business," as used in this
paragraph, shall mean 5 p.m. or the time at which the court would not
accept filing at the court's filing counter, whichever is earlier.
   (4) The court receiving a document filed electronically shall
issue a confirmation that the document has been received and filed.
The confirmation shall serve as proof that the document has been
filed.
   (5) Upon electronic filing of a complaint, petition, or other
document that must be served with a summons, a trial court may
electronically transmit a summons with the court seal and the case
number to the party filing the complaint.  Personal service of a
printed form of the electronic summons shall have the same legal
effect as personal service of an original summons.  If a trial court
plans to electronically transmit a summons to the party filing a
complaint, the court shall immediately upon receipt of the complaint
notify the attorney or party that a summons will be electronically
transmitted to the electronic address given by the person filing the
complaint.
   (6) Where notice may be served by mail, express mail, overnight
delivery, or facsimile transmission, electronic service of the notice
and any accompanying documents may be authorized when a party has
agreed to accept service electronically in that action.  Electronic
service is complete at the time of transmission, but any period of
notice or any right or duty to do any act or make any response within
any period or on a date certain after the service of the document,
which time period or date is prescribed by statute or rule of court,
shall be extended after service by electronic transmission by two
court days, but the extension shall not apply to extend the time for
filing notice of intention to move for new trial, notice of intention
to move to vacate judgment pursuant to Section 663a, or notice of
appeal.  This extension applies in the absence of a specific
exception provided for by any other statute or rule of court.
   (7) The court shall permit a party or attorney to file an
application for waiver of court fees and costs, in lieu of requiring
the payment of the filing fee, as part of the process involving the
electronic filing of a document.  The court shall consider and
determine the application in accordance with Section 68511.3 of the
Government Code and shall not require the party or attorney to submit
any documentation other than that set forth in Section 68511.3 of
the Government Code.  Nothing in this section shall require the court
to waive a filing fee that is not otherwise waivable.
   (8) If a trial court adopts rules conforming to paragraphs (1) to
(7), inclusive, it may provide by order that all parties to an action
file documents electronically in a class action, a consolidated
action, or a group of actions, a coordinated action, or an action
that is deemed complex under Judicial Council rules, provided that
the trial court's order does not cause undue hardship or significant
prejudice to any party in the action.
   (b) By January 1, 2003, the Judicial Council shall adopt uniform
rules for the electronic filing and service of documents in the trial
courts of the state, which shall include statewide policies on
vendor contracts, privacy, and access to public records.  These rules
shall conform to the conditions set  forth in this section, as
amended from time to time.
  SEC. 2.  Section 6159 of the Government Code is amended to read:
   6159.  (a) As used in this section:
   (1) "Credit card" means any card, plate, coupon book, or other
credit device existing for the purpose of being used from time to
time upon presentation to obtain money, property, labor, or services
on credit.
   (2) "Card issuer" means any person, or his or her agent, who
issues a credit card and purchases credit card drafts.
   (3) "Cardholder" means any person to whom a credit card is issued
or any person who has agreed with the card issuer to pay obligations
arising from the issuance of a credit card to another person.
   (4) "Draft purchaser" means any person who purchases credit card
drafts.
   (b) Subject to subdivision (c), a court, city, county, city and
county, or other public agency may authorize the acceptance of a
credit card for any of the following:
   (1) The payment for the deposit of bail or for any fine for any
offense not declared to be a felony.
   (2) The payment of a filing fee or other court fee.
   (3) The payment of any towage or storage costs for a vehicle that
has been removed from a highway, or from public or private property,
as a result of parking violations.
   (4) The payment of child, family, or spousal support, including
reimbursement of public assistance, related fees, costs, or
penalties, with the authorization of the cardholder.
   (5) The payment for services rendered by any city, county, city
and county, or other public agency.
   (6) The payment of any fee, charge, or tax due a city, county,
city and county, or other public agency.
   (c) A court desiring to authorize the use of a credit card
pursuant to subdivision (b) shall obtain the approval of the Judicial
Council.  A city desiring to authorize the use of a credit card
pursuant to subdivision (b) shall obtain the approval of its city
council.  Any other public agency desiring to authorize the use of a
credit card pursuant to subdivision (b) shall obtain the approval of
the governing body that has fiscal responsibility for that agency.
After approval is obtained, a contract may be executed with one or
more credit card issuers or draft purchasers.  The contract shall
provide for:
   (1) The respective rights and duties of the court, city, county,
city and county, or other public agency and card issuer or draft
purchaser regarding the presentment, acceptability, and payment of
credit card drafts.
   (2) The establishment of a reasonable means by which to facilitate
payment settlements.
   (3) The payment to the card issuer or draft purchaser of a
reasonable fee or discount.
   (4) Any other matters appropriately included in contracts with
respect to the purchase of credit card drafts as may be agreed upon
by the parties to the contract.
   (d) The honoring of a credit card pursuant to subdivision (b)
hereof constitutes payment of the amount owing to the court, city,
county, city and county, or other public agency as of the date the
credit card is honored, provided the credit card draft is paid
following its due presentment to a card issuer or draft purchaser.
   (e) If any credit card draft is not paid following due presentment
to a card issuer or draft purchaser or is charged back to the court,
city, county, city and county, or other public agency for any
reason, any record of payment made by the court, city, or other
public agency honoring the credit card shall be void.  Any receipt
issued in acknowledgment of payment shall also be void.  The
obligation of the cardholder shall continue as an outstanding
obligation as if no payment had been attempted.
   (f) Notwithstanding Title 1.3 (commencing with Section 1747) of
Part 4 of Division 3 of the Civil Code, a court, city, county, city
and county, or any other public agency may impose a fee for the use
of a credit card, not to exceed the costs incurred by the agency in
providing for payment by credit card.  These costs may include, but
shall not be limited to, the payment of fees or discounts as
specified in paragraph (3) of subdivision (c).  Any fee imposed by a
court pursuant to this subdivision shall be approved by the Judicial
Council.  Any fee imposed by any other public agency pursuant to this
subdivision for the use of a credit card shall be approved by the
governing body responsible for the fiscal decisions of the public
agency.
   (g) Fees or discounts provided for under paragraph (3) of
subdivision (c) shall be deducted or accounted for prior to any
statutory or other distribution of funds received from the card
issuer or draft purchaser to the extent not recovered from the
cardholder pursuant to subdivision (f).
   (h) The Judicial Council may enter into a master agreement with
one or more credit card issuers or draft purchasers for the
acceptance and payment of credit card drafts received by the courts.
Any court may join in any of these master agreements or may enter
into a separate agreement with a credit card issuer or draft
purchaser.
  SEC. 3.  It is the intent of the Legislature in enacting this act
to do both of the following:
   (a) To provide for the eventual standardization of electronic
filing and service procedures on a statewide level.
   (b) To provide that a court shall not adopt an electronic filing
procedure that requires a litigant or attorney to possess
specialized, cumbersome, or expensive equipment or software to
utilize the electronic filing system.
